§62-1A-11. Rules for certain evidence of consent to vehicle
search.
(a) To facilitate the implementation of section ten of this
article the Governor's Committee on Crime, Delinquency and
Corrections shall promulgate emergency and legislative rules in
accordance with article three, chapter twenty-nine-a of this code
to establish the requirements for:

(1) A form used to obtain the written consent of the operator
of a motor vehicle under section ten of this article; and

(2) An audio recording used as evidence of the oral consent of
the operator of a motor vehicle under section ten of this article.

(b) The form required under subsection (a) of this section
shall contain:

(1) A statement that the operator of the motor vehicle fully
understands that he or she may refuse to give the law-enforcement
officer consent to search the motor vehicle;

(2) A statement that the operator of the motor vehicle is
freely and voluntarily giving the law-enforcement officer consent
to search the motor vehicle;

(3) A statement that the operator of the motor vehicle may
withdraw the consent at any time during the search;

(4) The time and date of the stop giving rise to the search;

(5) The make and the registration number of the vehicle to be
searched; and

(6) The name of the law-enforcement officer seeking consent.

(c) The rules adopted under subdivision (2), subsection (a) of
this section must require the audio recording to reflect an
affirmative statement made by the operator that:

(1) The operator of the motor vehicle understands that the
operator may refuse to give the law-enforcement officer consent to
search the motor vehicle;

(2) The operator of the motor vehicle is voluntarily giving
the law-enforcement officer consent to search the motor vehicle;
and

(3) The operator of the motor vehicle was informed that he or
she may withdraw the consent at any time during the search.

(d) The Governor's Committee on Crime, Delinquency and
Corrections shall promulgate the emergency and legislative rules
required by this section no later than December 31, 2010.